Chandra and Chandra & Anor

Case

[2018] FamCA 958

13 November 2018


Details
AGLC Case Decision Date
Chandra and Chandra & Anor [2018] FamCA 958 [2018] FamCA 958 13 November 2018

CaseChat Overview and Summary

In *Chandra and Chandra & Anor*, the wife sought property adjustment orders following the breakdown of the marriage. The husband had not participated in the proceedings and was believed to have absconded from Australia due to criminal proceedings. The New South Wales Crime Commission intervened but consented to the property orders sought by the wife. The court also considered child-related proceedings where the mother sought orders for the child to live with her, for sole parental responsibility, and for the child to spend time with the father as agreed. The mother had been the primary carer, and the father had not contacted her or the child for two years, nor had he engaged in the proceedings.

The court was required to determine whether to make the property adjustment orders sought by the wife, given the husband's absence and the Crime Commission's consent. In relation to the children, the court had to decide if the orders sought by the mother, including sole parental responsibility and the child living with her, were in the child's best interests, considering the father's prolonged absence and lack of contact.

Regarding the property settlement, the court found that the wife had made significant financial and non-financial contributions to the matrimonial asset pool. The court made orders in accordance with the wife's application. In the child-related proceedings, the court determined that it was in the child's best interests to make the orders sought by the mother, reflecting her role as primary carer and the father's absence and lack of engagement. The court therefore made orders pursuant to the mother's application.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Standing

  • Remedies

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